Published 4:00 am, Saturday, September 19, 1998

The Raiders selected Bender, a defensive tackle from Washington State, in the second round of the NFL draft in April. He died May 30 of an apparent epileptic seizure, 18 days after signing a five-year, $3.45 million contract.

The deal included a $1.2 million signing bonus, with half due on May 15 and the other half due September 15. The Raiders made the first payment and claim they are not responsible for the second payment.

"The only circumstance in which he has to pay back the signing bonus is if he refuses to perform services," NFLPA general counsel Richard Berthelsen said. "A lot of contracts say, 'Fail or refuse.' His does not include 'fail.'

"Refusal requires a conscious act. . . . Frankly, I don't think most teams would dispute that this payment was due."

Raiders executive Bruce Allen said the team worries about Bender's family -- Leon's widow, Liza, and their young daughter, Imani -- but Allen tried to distance the Raiders from the grievance.

"That's a skirmish between the players association and the management council," Allen said. "They obviously have two different points of view on what should take place. . . . It's out of our hands."

Berthelsen expects the case to proceed to arbitration, with a ruling likely in 6-8 months.

There also is some dispute about the initial $600,000 payment. Berthelsen said the Raiders told Bender's agent, Eugene Parker, they would seek to recover the first payment if a claim was made for the balance.

The Raiders denied making such a statement. Parker did not return phone calls yesterday.

NOTES: Tomorrow's game will be blacked out locally, but the Raiders are still expecting a crowd approaching 55,000. The Coliseum ticket office will stay open today from 10 a.m. to 6 p.m. . . . The Raiders have lost nine of their last 11 games against AFC West opponents. . . . Broncos quarterback John Elway on the Raiders fans who sometimes hurl batteries toward visiting players: "Their aim isn't as good as it used to be -- and the batteries are smaller."